Dr. Siddhartha Datta vs The State Of West Bengal & Ors
2021 Latest Caselaw 5334 Cal

Item No.23


                          In The High Court At Calcutta
                         Constitutional Writ Jurisdiction
                              (via video conference)
04.10.2021
  Ct-24
                                 WPA 17767 of 2018
                                 Dr. Siddhartha Datta
                                           v.
                            The State of West Bengal & Ors.

                      Mr. N.C. Bihani
                      Ms. Papiya Banerjee Bihani
                                        ... for the petitioner.

                      Mr. Swapan Kumar Datta
                      Mr. Dipankar Das Gupta
                                    ... for the State.

                      Mr. A.K. Gupta
                                 ... for UGC.

                      The petitioner is an Assistant Professor Stage II

             and he seeks promotion to Stage III. His promotion fell

             due on 10th July, 2010 in terms of the University Grants

             Commission (Minimum Qualifications for Appointment

             of Teachers and Other Academic Staff in Universities

             and Colleges and Measures for the Maintenance of

             Standards in Higher Education) Regulation, 2000.

                      The learned advocate for the petitioner relies upon

             an unreported order dated 22nd February, 2016 passed

             by a Co-ordinate Bench of this Court in W.P. No. 27262

             (W) of 2014 (Parthasarathi Dutta - vs - Union of India &

             Ors.).

                      The Court, in the matter of Parthasarathi Dutta

             under similar circumstances held that the petitioner will
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be guided by the 2000 Regulations as the 2010

Regulations of U.G.C. was notified in the Gazette on 18th

September, 2010.

       It   appears    from   records     that     the   U.G.C.

Regulations 2010 dated 30th June, 2010 was published

in the Official Gazette only on September 18, 2010. As

the notification came into effect only upon publication of

the same in the Official Gazette, accordingly the

Regulations 2010 is held to be effective on and from

September 18, 2010 and not prior thereto.

       Leave   is   granted   to   the    petitioner     to   file

representation highlighting his grievances before the

Director of Public Instruction.

       The Director of Public Instruction shall take an

informed decision in the matter upon consideration of

the representation to be filed by the petitioner in the

light of the judgment passed in the matter of W.P. No.

27262 (W) of 2014 (Parthasarathi Dutta - vs - Union of

India & Ors.) and in this matter at the earliest, but

positively within a period of eight weeks from the date of

making the representation by the petitioner.

       The Director of Public Instruction shall take all

necessary consequential steps in this matter.

       The petitioner is directed to forward a copy of the

order passed by this Court on 22nd February, 2016 in

W.P.    No.    27262   (W)    of   2014    along     with     the
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     representation to be filed by him at the time of

     communicating this order to the aforesaid respondent.

Affidavit-of-service filed in Court today is taken on

record.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if

applied for, be given to the parties after completion of all

legal formalities.

Sh                                    (Amrita Sinha, J.)